Redesign For Filling State Officers In Indonesia

DOI

10.2991/978-94-6463-634-5_24How to use a DOI?

Keywords

Redesign; Change of State Officials; House of Representatives

Abstract

The discussion in this paper discusses the Shift in Filling of Post-Indonesian State Officials. There are at least 5 serious problems involving the House of Representatives (DPR) involvement in filling state officials after the reform, firstly, the unclear criteria for State Officials that require the DPR to be involved in filling state officials, so that the DPR wants to be involved in filling state officials, not only for positions that have qualifications as state officials. Second, there are differences in legal products that regulate the procedures for involving the DPR in filling state officials in the form of legal products of the 1945 Constitution, Laws, Government Regulations and even Presidential Regulations. Third, there are differences in the language used in the involvement of the DPR in filling state officials, some of which carry out elections, considerations/recommendations, and submissions and even consultations in filling state officials. Fourth, there are differences in the involvement in filling state officials, some are through the selection committee, some are directly through the DPR and some are even promoted by the President. Fifth, the potential for Corruption, Collusion and Nepotism in filling state officials involving the DPR. This paper uses a normative legal writing method, by combining three approaches at once, namely the literature research approach and the conceptual approach and the comparative approach, supported by 3 (three) legal materials at once, namely the consists of primary legal materials, secondary legal materials and tertiary legal materials, with qualitative inductive analysis method. The results of this paper suggest that there is an alignment of the function of the right to confirm by the DPR in Filling State Officials, namely by only providing confirmation of the appointment of certain public officials by the DPR (right to confirm). So that the DPR does not do technical things, namely “the right to elect”, “right to select” and even “right to test”. In addition, the involvement of the DPR in filling state officials needs to be limited to positions that have the category of State Officials. In addition, it is necessary to establish an Appointment Commission which is authorized to conduct selection and provide input notes regarding ethical violations and the track record of candidates/candidates before being appointed as state officials or before being submitted to the DPR for approval (right to confirm), to be later determined by the President. In addition, the Appointment Commission has other powers in the context of maintaining and upholding the honor, dignity, and behavior of state officials.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Saiful Anam
PY  - 2024
DA  - 2024/12/27
TI  - Redesign For Filling State Officers In Indonesia
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2024)
PB  - Atlantis Press
SP  - 198
EP  - 207
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-634-5_24
DO  - 10.2991/978-94-6463-634-5_24
ID  - Anam2024
ER  -